European Union (Withdrawal) Bill Briefing for House of Commons Second Reading

PLP

Published: 6 September 2017

Ahead of the Second Reading of the European Union (Withdrawal) Bill on Thursday 7th September , PLP has prepared a briefing paper for Members highlighting our key concerns with the Bill.

PLP takes no position on the UK’s decision to leave the European Union. Our work around the EU (Withdrawal) Bill is intended to ensure that Brexit is a democratic success and Parliamentary sovereignty is strengthened; to minimise the availability of broad delegated legislative powers and ensure they are used appropriately; and to secure the retention of fundamental rights protections.

The Bill raises a vast number of issues of constitutional importance. PLP’s briefing paper does not attempt to address all of these issues but instead focuses on three areas where our input , informed by our experience in the field of public law , might make the most useful contribution to debate on the Bill.

The paper sets out PLP’s three key concerns with the Bill:

1) Ministers , rather than Parliament , are ‘taking back control’ through broadly drafted delegated powers.

2) The lack of clarity in the Bill does not provide legal certainty and undermines the Rule of Law.

3) By leaving the law unclear , Parliament is relying on the Courts to fix the problems with the Bill.

PLP is a member of the Repeal Bill Alliance which brings together organisations with different focuses working on the Repeal Bill. For more information about the Alliance and to see briefings and reports published by other members please see their website.

For more information about these issues or to discuss the public law issues arising from the Bill , please contact PLP’s Legal Director , Alison Pickup , on a.pickup@publiclawproject.org.uk.